What are the grounds for a motion for a new trial?
In South Carolina, a motion for a new trial is a request for a court to re-examine the case and possibly grant a new trial. This request can be based on several different grounds. One of the most common grounds for a motion for a new trial is newly discovered evidence. This evidence must be material to the case and must have been unknown to the defense or prosecution at the time of trial. If the evidence would have had an effect on the outcome of the case, the court may grant a new trial. Another ground for a motion for a new trial is juror misconduct or incompetence. For example, if a juror was biased or prejudiced against the defendant or took part in outside conversations about the case, a new trial may be granted. In addition, the court can grant a new trial if there were irregularities in the selection of the jury. This could include the exclusion of people for improper reasons or the use of an improper system to select the jury. Finally, a new trial may be granted if the defendant was found guilty by a judge instead of a jury or if the judge made an incorrect ruling on a point of law. Overall, motions for a new trial in South Carolina must be based on a legally justifiable ground. New evidence, jury misconduct, irregularities in the jury selection, a judge’s ruling, and other factors can make a strong case for a motion for a new trial.
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